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Dragustinovis v. Centroplex Automobile Recovery, Inc.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

March 14, 2017


         On appeal from the County Court No. 2 of Cameron County, Texas.

          Before Chief Justice Valdez and Justices Rodriguez and Hinojosa.


          PER CURIAM.

         Appellants Zuleika Dragustinovis and Rosembrandt Gonzalez[1] filed suit against Ford Motor Credit Company, LLC d/b/a Ford Credit (Ford Credit) and appellees Centroplex Automobile Recovery, Inc., John Thompson, and Trevor Lovett, [2] complaining of the repossession of their vehicle. Appellants alleged multiple causes of action against appellees, including DTPA violations, breach of warranty, fraud, breach of fiduciary duty, violations of the Texas Debt Collections Act, breach of the peace, and breach of contract. They sought damages sustained by both appellants and personal injuries sustained by Dragustinovis.

         Appellees filed traditional and no-evidence motions for summary judgment, which the trial court granted on February 9, 2015. The case continued against co-defendant Ford Credit until appellants' claims against Ford Credit settled. On February 2, 2016, the trial court ordered appellants' claims against Ford Credit dismissed and finally disposed of all issues and parties in the case. This appeal followed.

         By twelve issues which we have reorganized and renumbered as eight, appellants argue that the trial court erred: (1) in granting appellees' traditional motion for summary judgment on appellants' DTPA claims, claims determined to be time barred, and claims determined to have no casual connection between appellees' conduct and appellants' injuries; and (2) in granting appellees' traditional and no-evidence motions on appellants' breach of warranty claims, constructive fraud claims, breach of fiduciary duty claims, breach of peace claims that derived from the UCC, and breach of contract claims.

         Having reviewed the record, the Court has determined that this appeal should be referred to mediation. Accordingly, it is ORDERED that this appeal be ABATED and the issues in this appeal be mediated under the following terms and conditions:

1. The parties must promptly agree upon a mediator and, within seven days of this Order, notify the Court in writing of the name and address of the mediator selected. If the parties are unable to agree upon a mediator, they must so notify the Court within the seven day period.
2. All parties must confer with their mediator within seven days of the date of this Order to establish a date and place for the mediation. The parties shall agree on a date for the mediation that is consistent with the mediator's schedule and is no later than thirty days after the date of this Order. In the event the parties cannot agree on a date, the mediator shall select and set a date. The mediator shall notify the Court of the date selected for the mediation.
3. In the discretion of the mediator, each party may be required to provide a confidential memorandum and/or information sheet setting forth the issues of the case and their positions on these issues. Additionally, upon request of the mediator, the parties shall produce all information the mediator deems necessary to understand the issues of the case. The memorandum and/or information sheet and other information produced to the mediator will not be made a part of the file in this case and will be destroyed by the mediator at the conclusion of the mediation proceeding.
4. All parties to this matter or their authorized representatives, accompanied by their counsel, must appear and attend the mediation proceeding.
5. Mediation is a non-binding settlement conference conducted with the assistance of a mediator. The mediation proceeding will be confidential within the meaning of the Texas Civil Practice and Remedies Code sections 154.053 and 154.073. See Tex. Civ. Prac. & Rem. Code Ann. §§ 154.053, 154.073 (West, Westlaw through 2015 R.S.).
6. Unless otherwise agreed, the mediation proceeding will not be recorded.
7. The mediator will negotiate a reasonable fee with the parties. The mediator's fee will be borne equally by the parties unless otherwise agreed by the parties, and ...

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